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Famous Dave's: Maslon Defends Against Copyright Infringement and Breach of Contract Action

When Famous Dave Anderson set out to create the quintessential American barbeque restaurant experience, he literally embarked upon a cross-country journey. Visiting hole-in-the-wall establishments and roadside barbeques all across America, Famous Dave sought to discover and then combine elements that would best exemplify barbeque as a distinctly American food experience. He brought those elements to bear in his creative vision for his restaurants. When he opened the flagship restaurant in Minneapolis' Linden Hills neighborhood, he hired a sign painter to put his vision into physical form on the walls and in the décor. Famous Dave hand drew his distinctive barbeque flames, his iconic Wilbur the pig and many other elements that combined to make his restaurant the epitome of American barbeque.

A few years and several restaurants later, Famous Dave and the painter had a falling out. Claiming copyright in the distinctive features and elements that Dave Anderson had created, the painter threatened to sue Famous Dave's for copyright infringement. Because Dave Anderson is a businessman who cares deeply for his relationship with his friends, he sat down with his former friend and together they crafted an agreement—without lawyers—that would govern their relationship in the years to come.

In the years that followed their initial dispute, the painter, free to pursue his own dreams, opened and then closed a restaurant that incorporated variants of design elements found in Famous Dave's barbeque restaurants. Occasionally, Famous Dave would hire the painter to paint signs and various other elements in new restaurant openings for Famous Dave's; but when his restaurant failed and Famous Dave's went public (resulting in the hiring of advertising and graphics agencies), the painter sued Famous Dave's, again alleging copyright infringement and breach of the parties' prior settlement agreement. Because the lawsuit threatened the very look and feel of Famous Dave's restaurants all over the country, the company hired Maslon to defend it and secure the distinctive look and feel of its restaurants.

A team of Maslon lawyers and paralegals—including attorney Keiko Sugisaka—set out to defend the company's icons. The Maslon team devised a targeted discovery plan, executed that strategy, and won summary judgment before the Federal District Court in St. Paul, Minnesota. Today Famous Dave's restaurants maintain their distinctive look and feel of the quintessential American barbeque restaurant.

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Please do not submit any confidential information to Maslon via email on this website. By communicating with us we are not establishing an attorney-client relationship, and information you submit will not be protected by the attorney-client privilege and cannot be treated as confidential. A client relationship will not be formed until we have entered into a formal agreement. You should also be aware that we may currently represent parties whose interests may be adverse to yours, and we reserve the right to continue to represent them notwithstanding any communication we receive from you.

If you would like to discuss possible representation, please call one of our attorneys directly or use our general line (p 612.672.8200). We can then fully discuss our intake procedures and, if appropriate, introduce you to an attorney suited to assist with your matter. Alternatively, you may send an email containing a general inquiry subject to these terms.

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